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Bland Shire Council Business Paper Ordinary Council Meeting 18 December 2018 i ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST A guiding checklist for Councillors, Officers and Advisory Committees Ethical Decision Making Is the decision or conduct legal? Is it consistent with Government policy, Council’s objectives and Code of Conduct? What will the outcome be for you, your colleagues, the Council, anyone else? Does it raise a conflict of interest? Could your possible conflict of interest lead to private gain or loss at public expense? Can the decision be justified in terms of public interest? Would it withstand public scrutiny? Conflict of Interest A conflict of interest is a clash between private interest and public duty. There are two types of conflict: Pecuniary – regulated by the Local Government Act and Office of Local Government and, Non- pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only). The test for conflict of interest Is it likely I could be influenced by personal interest in carrying out my public duty? Would a fair and reasonable person believe I could be so influenced? Conflict of interest is closely tied to the layperson’s definition of “corruption” – using public office for private gain. Important to consider public perceptions of whether you have a conflict of interest Identifying Problems 1st - Do I have private interest affected by a matter I am officially involved in? 2nd - Is my official role one of influence or perceived influence over the matter? 3rd - Do my private interests conflict with my official role? Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned. Agency Advice Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, Officers and Advisory Committee members by various pieces of legislation, regulation and Codes. Contact Phone Email Website Bland Shire 6972 2266 [email protected] www.blandshire.nsw.gov.au Council ICAC 8281 5999 [email protected] www.icac.nsw.gov.au Toll Free: 1800 463 909 Office of Local 4428 4100 [email protected] www.dlg.nsw.gov.au Government NSW Ombudsman 9286 1000 [email protected] www.ombo.nsw.gov.au Toll Free: 1800 451 524 ii Common Acronyms Used in Bland Shire Council Reports and Documents ABS Australian Bureau of Statistics DPI Department of Primary Industries LGA Local Government Act or Local Government Area ACAT Aged Care Assessment Team EA Executive Assistant LGNSW Local Government New South Wales AFZ Alcohol Free Zone EAP Employee Assistance Program LIAC Legal Information Access Centre AGM Annual General Meeting ED Economic Development LTFP Long Term Financial Plan ALIA Australian Library and Information Association EEO Equal Employment Opportunity M Million AMP Asset Management Plan EFO Electoral Funding Authority Manex Management Executive AMRC NSW Association of Mining Related Councils EOI Expression of Interest MHDA Mental Health Drug & Alcohol BCA Building Code of Australia EPAA Environmental Planning & Assessment Act MLC Member of the Legislative Council BDCP Bland Development Control Plan ERA Eastern Riverina Arts MML Murrumbidgee Medicare Local BEC Business Enterprise Centre EWSA Educator Workplace Safety Audit MOW Meals on Wheels BFMC Bush Fire Management Committee EWW Events West Wyalong MoU Memorandum of Understanding BFMP Bush Fire Management Plan EYLF Early Years Learning Framework MP Member of Parliament BSC Bland Shire Council FAG Financial Assistance Grant MPHN Murrumbidgee Primary Health Network BWW Business West Wyalong FDC Family Day Care MPR Multi Purpose Room CASA Civil Aviation Safety Authority FFTF Fit for the Future MR Main Road CBD Central Business District FRRR Foundation for Rural and Regional Renewal MRU Mobile Resource Unit CDAT Community Drug Action Team FYI For your information NAIDOC National Aboriginal & Islander Observance Committee CDO Community Development Officer GHMS Grain Harvest Management Scheme NFAR No further action required CENTROC Central West Regional Group of Councils GIPA Government Information (Public Access) Act NGO Non-Government Organisation CEO Chief Executive Officer GM General Manager NQF National Quality Framework CIV Capital Improved Value GTAN Government Training & Assistance Network NSRF National Stronger Regions Fund CLRS Councillors GWCC Goldenfields Water County Council NSWEC New South Wales Electoral Commission CPD Continuing Professional Development HACC Home and Community Care NSWPLA New South Wales Public Libraries Association CPI Consumer Price Index HR Human Resources NSWRFS NSW Rural Fire Service CPP Cowal Partnering Program ICAC Independent Commission Against Corruption OGM Office of the General Manager Cr Councillor IPART Independent Pricing and Regulatory Tribunal OLG Office of Local Government CRO Community Relations Officer IPR or IP&R Integrated Planning and Reporting OP Operational Plan CSP Community Strategic Plan ITAV It Takes A Village Program P&G Parks & Gardens CSU Childrens Services Unit JO Joint Organisation PA Per Annum CT Community Technology K&G Kerb and gutter PC Personal Computer CWA Country Women’s Association KPI Key Performance Indicator PCBU Person Conducting a Business or Undertaking DA Development Application LALC Local Aboriginal Lands Council PHaMs Personal Helpers and Mentors DAES Director Asset & Engineering Services LBDC Little Bangs Discovery Club PLA Public Library Association DCCDS Director Corporate, Community & Development Services LCGMCAC Lake Cowal Gold Mine Closure Advisory Committee POEO Protection of the Environment Operations Act & DCP Development Control Plan LEMC Local Emergency Management Committee Regulations DEMO District Emergency Management Officer LEMO Local Emergency Management Officer PSITAB NSW Public Sector Industry Advisory Board DEOCON District Emergency Controller LEOC Local Emergency Operations Centre PSSA NSW Primary Schools Sports Association DisPlan Disaster Plan (Local DisPlan, District DisPlan, State LEOCON Local Emergency Operations Controller QBRS Quarterly Budget Review Statement DisPlan) LEP Local Environmental Plan R2R Roads to Recovery DP Delivery Program LG Local Government Rd Road iii RDA Regional Development Australia SEPP State Environmental Planning Policy TVET TAFE Delivered Vocational Education & Training RDO Rostered Day Off SES State Emergency Service USU United Services Union Rec Recreation SH State Highway UV Unimproved Value REROC Riverina Eastern Regional Organisation of Councils SLA Service-level agreement VC Victoria Cross RFBI Royal Freemasons’ Benevolent Institution SLNSW State Library New South Wales VIC Visitor Information Centre RFS Rural Fire Service SRC Summer Reading Club VPA Voluntary Planning Agreement RMAP Risk Management Action Plan SRV Special Rate Variation WAPS Workforce Assessment Plan & Strategy RMS Roads & Maritime Services St Street WHS Work Health & Safety RRL Riverina Regional Library STW Sewerage Treatment Works WWBC West Wyalong Bowling Club RTO Registered Training Organisation TASAC Tourist Attraction Signposting Assessment Committee WWFHG West Wyalong Family History Group RV Recreational Vehicle TCORP Treasury Corporation WWRL West Wyalong Rugby League SEDTA Senior Economic Development & Tourism Advisor TSR Travelling stock route iv Council Meeting Agenda 18 December 2018 commencing at 6:30PM 1.0 INTRODUCTION Let us acknowledge the Wiradjuri people, their elders past and present, traditional custodians of the land we now share. Let us be inspired by the resilience, innovation and perseverance of past generations. Let us honour those who protect this great land, may you draw strength from your God or Faith so that we may, here today, on behalf of our community, - build a vibrant future together. (“Pause for Reflection”). 2.0 ATTENDANCE 2.1 Councillors Cr Bruce Baker Cr Rodney Crowe Cr Penny English Cr Kerry Keatley Cr Tony Lord Cr Liz McGlynn Cr Brian Monaghan Cr Murray Thomas Cr Jan Wyse 2.2 Staff General Manager – Ray Smith Director Asset & Engineering Services – Will Marsh Director Corporate, Community, Development & Regulatory Services – Adele Casey Executive Assistant – Julie Sharpe 2.3 Apologies v 3.0 CONFIRMATION OF THE MINUTES 3.1 Ordinary Meeting held on 20 November 2018 . Confirmation That the minutes of the Ordinary Council meeting held on 20 November 2018 be confirmed as a correct record of proceedings. Corrections . Business Arising 4.0 DECLARATIONS OF INTEREST A pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss the person or another person with whom the person is associated. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision a person might make in relation to a matter. Councillor/Officer Item Nature of Interest 5.0 PUBLIC FORUM 5.1 Staff Presentation - Retirement 5.2 Audit Presentation 6.0 MAYORAL MINUTE 7.0 NOTICES OF MOTION 8.0 DELEGATES & COMMITTEE REPORTS Section 1 – Delegates & Committee Reports & Minutes (for information) vi 9.0 STAFF REPORTS Section 2 – Office of the General Manager 9.1 Waste to Energy Proposal – NSW Country Mayors Association…………………….. 67 9.2 Riverina Joint Organisations – Adoption of Charter…………………………………… 71 9.3 Drought Communities Program………………………………………………………….. 72 Naming of an Unnamed Park – Corner of Monash and Park